Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 477

Introduced by Assembly Member Mullin

February 23, 2015

An act to amend Section 3019 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 477, as amended, Mullin. Elections: vote by mail ballots.

Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (1) the signature appearing on the voter’s affidavit of registration or a previous affidavit of registration of the voter, or (2) the signature appearing on a form issued by an elections official that contains the voter’s signature, that is part of the voter’s registration record, and that the elections official has determined compares with the signature on the voter’s affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.

begin insert This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (2) above, determine that the signature appearing on a form issued by the elections official that contains the voter’s signature compares with the signature on the voter’s affidavit of registration or a previous affidavit of registration of the voter. end insert If an elections official determines that a voter has failed to sign the identification envelope, begin delete this end delete begin insert the end insert bill would prohibit the elections official from rejecting the vote by mail ballot if the voter begin insert signs the identification envelope at the elections official’s office before 5 p.m. on the 10th day after the election, end insert completes and submits begin delete a vote by mail ballot affidavit end delete begin insert an unsigned ballot statement, as specified, end insert before 5 p.m. on the begin insert 10th end insert day begin delete before end delete begin insert after end insert the begin delete election, as specified. end delete begin insert election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot drop-off box before the close of the polls on election day. The bill would require the elections official to accept any completed unsigned ballot statement. end insert The bill would require the elections official, upon receipt of the begin delete vote by mail ballot affidavit, end delete begin insert unsigned ballot statement, end insert to compare the voter’s signature on the begin delete affidavit, end delete begin insert statement, end insert as described above, and, if the signatures compare, would require the elections official to attach the begin delete affidavit end delete begin insert statement end insert to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare. The bill would require the Secretary of State to include the begin delete vote by mail ballot affidavit end delete begin insert unsigned ballot statement end insert and instructions on completing the begin delete affidavit, end delete begin insert statement, end insert and certain contact information for all elections officials, on his or her Internet Web site. The bill would also require an elections official to include the begin delete vote by mail ballot affidavit end delete begin insert unsigned ballot statement end insert and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3019 of the Elections Code is amended
to read:

3019.  

(a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine if the signatures compare:

(1) The signature appearing on the voter’s affidavit of
registration or a previous affidavit of registration of the voter.

(2) The signature appearing on a form issued by an elections
official that contains the voter’s begin delete signature, end delete begin insert signature and end insert that is
part of the voter’s registration begin delete record, and that the elections official
has determined compares with the signature on the voter’s affidavit
of registration or a previous affidavit of registration of the voter.
The elections official may make this determination by reviewing
a series of signatures appearing on official forms in the voter’s
registration record that have been determined to compare, that
demonstrates the progression of the voter’s signature, and makes
evident that the signature on the identification envelope is that of
the voter. end delete begin insert record. end insert

(b) In comparing signatures pursuant to subdivision (a), the
elections official may use the duplicate file of affidavits of
registered voters or facsimiles of voters’ signatures if the method
of preparing and displaying the facsimiles complies with the law.

(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.

(2) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures do not compare, the identification envelope shall not
be opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification envelope.

(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.

(e) In comparing signatures pursuant to this section, an elections
official may use signature verification technology. If signature
verification technology determines the signatures do not compare,
the elections official shall not reject the ballot unless he or she
visually examines the signatures and verifies that the signatures
do not compare.

(f) (1)  begin insert (A) end insert begin insert   end insert Notwithstanding any other law, if an elections
official determines that a voter has failed to sign the identification
envelope, the elections official shall not reject the vote by mail
ballot if the voter begin delete completes and submits a vote by mail ballot
affidavit before 5 p.m. on the day before the election, in accordance
with the following: end delete begin insert does any of the following: end insert

begin insert

(i) Signs the identification envelope at the office of the elections
official during regular business hours before 5 p.m. on the tenth
day after the election.

end insert begin delete

(A) The voter shall complete a vote by mail ballot affidavit

end delete

begin insert (ii) end insert begin insert   end insert begin insert Before 5 p.m. on the tenth day after the election, completes
and submits an unsigned ballot statement end insert in substantially the
following form:

 

begin delete “VOTE BY MAIL BALLOT AFFIDAVIT end delete begin insert “UNSIGNED BALLOT STATEMENT end insert

I,   , am a registered voter of __________ County,

State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this begin delete affidavit end delete begin insert statement end insert means that my vote by mail ballot will be invalidated.

Voter’s Signature

Address”

 

begin insert

(iii) Before the close of the polls on election day, completes and
submits an unsigned ballot statement, in the form described in
clause (ii), to a polling place within the county or a ballot drop-off
box.

end insert

(B)  begin insert If timely submitted, the elections official shall accept any
completed unsigned ballot statement. end insert Upon receipt of the begin delete vote by
mail ballot affidavit, end delete begin insert unsigned ballot statement. end insert the elections
official shall compare the voter’s signature on the begin delete affidavit end delete
begin insert statement end insert in the manner provided by this section.

(i) If the elections official determines that the signatures
compare, he or she shall attach the begin delete vote by mail ballot affidavit end delete
begin insert unsigned ballot statement end insert to the identification envelope and deposit
the ballot, still in the identification envelope, in a ballot container
in his or her office.

(ii) If the elections official determines that the signatures do not
compare, the identification envelope shall not be opened and the
ballot shall not be counted.

begin insert

(C) An elections official may use methods other than those
described in subparagraph (A) to obtain a voter’s signature on an
unsigned identification envelope.

end insert

(2) Instructions shall accompany the begin delete vote by mail ballot affidavit end delete
begin insert unsigned ballot statement end insert in substantially the following form:

 

“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE begin delete AFFIDAVIT. end delete begin insert STATEMENT. end insert FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.

1. In order to ensure that your vote by mail ballot will be counted, your begin delete affidavit end delete begin insert statement end insert should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the begin insert 10th end insert day begin delete before end delete begin insert after end insert the election.

2. You must sign your name on the line above (Voter’s Signature).

3. Place the begin delete affidavit end delete begin insert statement end insert into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed begin delete affidavit end delete begin insert statement end insert to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct.

4. Alternatively, you may submit your completed begin delete affidavit end delete begin insert statement end insert by facsimile transmission begin delete or by e-mail delivery end delete to your local elections begin delete official. If submitting by e-mail delivery, please provide the affidavit as an attachment.” end delete begin insert official, or submit your completed statement to a polling place within the county or a ballot drop-off box before the close of the polls on election day. end insert

 

(3) The Secretary of State shall include the begin delete vote by mail ballot
affidavit end delete begin insert unsigned ballot statement end insert and instructions described in
this subdivision on his or her Internet Web site, and shall provide
a list of mailing begin delete addresses, electronic mail addresses, end delete begin insert addresses end insert
and facsimile transmission numbers of all elections officials, or
provide conspicuous hyperlinks to that information, on the Internet
Web page containing the begin delete affidavit end delete begin insert statement end insert and instructions.

(4) An elections official shall include the begin delete vote by mail ballot
affidavit end delete begin insert unsigned ballot statement end insert and instructions described in
this subdivision on his or her Internet Web site, and shall provide
the elections official’s mailing begin delete address, electronic mail address, end delete
begin insert address end insert and facsimile transmission number on the Internet Web
page containing the begin delete affidavit end delete begin insert statement end insert and instructions.

(g) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be rejected
for cause after the identification envelope has been opened.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.